Punjab

Ludhiana

CC/23/225

Omvir - Complainant(s)

Versus

Saharayan Universal Multipurpose Society Limited - Opp.Party(s)

Sharwan Sehgal

06 Oct 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 225 dated 09.06.2023.                                                        Date of decision: 06.10.2023. 

 

Omvir aged about 45 years son of Shri Sujan Singh, resident of House No.129, Post Kumaraua, Kasganj, Uttar Pradesh.

Aadhar Card No.9191 5311 2343

Mobile No.63950-36203.                                                                                                                                                                           ..…Complainant

                                                Versus

1. Saharayn Universal Multipurpose Society Limited, Registered office at 195, Zone-1, In Front of D.B. Mall, M.P. Nagar, Bhopal, Madhya Pradesh-462011 through its Director.
2. Saharayn Universal Multipurpose Society Limited, Sahara India Pariwar, SCO 84-A, Second Floor, Sahi Majra, Mohali, Phase 5, SAS Nagar (Mohali) through its Manager. PIN Code-160055.
3. Sahara Q Shop Unique Products Range Limited, Sahara India Bhawan, 1, Kapoorthala Complex, Aliganj, Lucknow-226024,         through its Director.                                                                          …..Opposite parties 

Complaint Under Section 35 of the Consumer Protection Act, 2019.

QUORUM:

SH. SANJEEV BATRA, PRESIDENT

SH. JASWINDER SINGH, MEMBER

MS. MONIKA BHAGAT, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant             :         Ms. Shruti, Advocate.

For OPs                          :         Exparte.

 

 

 

ORDER

PER JASWINDER SINGH, MEMBER

 

1.                Briefly stated, the facts of the case are that on the allurement of the agent of the opposite parties, the complainant deposited a sum of Rs.15,550/- with the opposite parties in the shape of FDR. The complainant stated that on the maturity of the said FDR, the opposite parties again lured him to get the maturity amount reinvested in their schemed in the shape of FDR and the complainant was also provided joining points at that time. Every joining points was worth Rs.100/- at the time of redemption, which could be redeemed after 72 months. Detail of the FDR and joining points is reproduced as under:-

Sr. No.	Certificate No.	Date of issue	Date of Maturity	Deposit Amount	Joining Points	Maturity amount
1.	337000916701	23.03.2018	23.03.2024	Rs.15,550/-	Rs.18,200/-	Rs.84,375/-
					Total	Rs.84,375/-

 

The complainant further stated after completion of period of FDR, he many times contacted the opposite parties for release of FDR amount but they prolonged the matter on one pretext or the other and finally refused to encash the FDR. Therefore, the complainant filed the present complaint asserting that the act and conduct of the opposite parties amounts to deficiency of service and further prayed for paying the maturity amount along with interest and compensation to the tune of Rs.3,00,000/- on account of mental pain, agony and harassment etc.

2.                Upon notice, none appeared on behalf of the opposite parties despite service and as such, the opposite parties were proceeded against exparte vide order dated 31.08.2023.

3.                In evidence, the complainant tendered his affidavit as Ex. PA and reiterated his averments of the complaint. The complainant also placed on record Ex. C1 is the copy of certificate No. 337000916701, Ex. C2 is the postal receipt, Ex. C3 is the letter dated 30.04.2023 and closed the evidence.

4.                We have heard the counsel for the complainant and also gone through the complaint, affidavit and documents annexed by the complainant.

5.                In his affidavit Ex. CA, the complainant has reiterated the entire case as set forth in the complaint. The complainant has further proved on record the copy of certificate Ex. C1 issued by the opposite parties at the time the amount of Rs.15,550/- as per certificate No. 337000916701 was invested on 23.03.2018. Though the exparte evidence has gone unrebutted on the file, the certificate Ex. C1 reveals that the maturity amount has not been mentioned therein with date of maturity. Even rate of interest also not mentioned in the certificate Ex. C1. It has been claimed in the pleadings that the amount was invested for the maturity period of 23.03.2024 with maturity amount of Rs.84,375/-. In these circumstances, in our considered view, it would be just and proper if the opposite parties are made to refund the invested amount of Rs.15,550/- along with its incidental and consequential benefits with interest @8% per annum  from 23.03.2018 till date of actual payment along with composite costs and compensation of Rs.10,000/-. 

6.                As a result of above discussion, the complaint is partly allowed exparte with an order that the opposite parties shall be jointly and severally liable to refund the invested amount of Rs.15,550/- along with its incidental and consequential benefits with interest @8% per annum  from 23.03.2018 till date of actual payment. The opposite parties shall further pay a composite compensation of Rs.10,000/- (Rupees Ten Thousand only) to the complainant. Compliance of order be made within 30 days from the date of receipt of copy of the order. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

 

(Monika Bhagat)          (Jaswinder Singh)             (Sanjeev Batra)

Member                         Member                              President        

 

Announced in Open Commission.

Dated:06.10.2023.

Gobind Ram.